Ordinance No. 15-1


Table of Contents

Section 1. Definitions.

The following terms are hereby defined as used in this ordinance:

(a) “Transient Merchant” — Any person selling any merchandise, either as principal or agent, from a building or lot which he occupies as a tenant at will, or under a lease for a shorter term than 6 months, or from a railroad car, a truck, or a vehicle, is a transient merchant.

(b) “Hawker” and “Peddler” — Any person selling any goods or products from a vehicle, or pack, going about from place to place carrying said goods or products for the purpose of sale and delivery, if the goods or products be edible, is a hawker; if the goods be non-edible, such person is a peddler.

(c) “Solicitor” — Any person selling goods, wares, merchandise, or services by sample or taking orders for future delivery and accepting a deposit or advance payment is a solicitor, provided that any person taking orders to be filled by goods delivered to the purchaser from other states in the original package shall not be included.

(d) “Person” — The term “person” shall include firms and corporations.

Section 2. License Required.

No transient merchant, hawker, peddler, or solicitor shall sell or offer for sale any merchandise or attempt to do any business in this City without first having obtained from the City Clerk a license to do so.

Section 3. Application for License.

Application for such license shall be made to the City Clerk and shall show:

(a) the name of the applicant and of all persons associated with him in his business;

(b) the type of business for which the license is desired;

(c) in case of transient merchants, the place where the business is to be carried on;

(d) the length of time for which said license is desired;

(e) a general description of the thing(s) to be sold;

(f) the present place of business of the applicant;

(g) the place of residence of the applicant for the 5 preceding years. Blank applications shall be issued by the Clerk on payment of $1.00, which amount shall be credited on the license fee if the license is granted. Every application shall bear the written approval of the City Clerk and Mayor after an investigation of the moral character of the applicant.

Section 4. Certain Sales and Licenses Prohibited.

No transient merchant, hawker, peddler, or solicitor shall sell or solicit orders for meat, poultry, dry goods, cloth, clothing, furs, wearing apparel, old or new, umbrellas, eye glasses, medicines, watches, jewelry, plated ware, or silverware, and no license shall be issued purporting to authorize such sales.

Section 5. License Fees.

Fees for licenses under this ordinance shall be set by resolution of the City Council.

Section 6. Duration of License.

Each license shall be valid only for the period specified therein, and no license may extend beyond the 31st day of December of each year.

Section 7. License Not Transferable.

Licenses issued under this ordinance shall be non-transferable. No refunds shall be made on unused portions of licenses except upon resolution of the City Council. Each person engaged in the business of vending, hawking, or peddling goods must secure a separate license.

Section 8. License to Be Carried.

All licenses issued under this ordinance shall be carried by the licensee or conspicuously posted in his place of business, and such licensee shall, whenever requested, show said license to any officer or citizen who demands to see the same.

Section 9. Practices Prohibited.

No person licensed under this ordinance shall call attention to his business or to his merchandise by crying out, by blowing a horn, by ringing a bell, or by any loud or unusual noise.

Section 10. Revocation of Licenses.

Licenses issued under this ordinance shall be revocable, following reasonable notice and hearing, by the Council for a violation of this ordinance.

Section 11. Exemptions.

This ordinance shall not apply to any sale under court order, nor to any bona fide auction sale, nor to a sale at wholesale to a retail dealer, nor to the sale of farm or garden products by the person producing the same.